Canada Case Law

Faria v. Ramos

Court

British Columbia Court of Appeal

Leave to appeal was refused because the interests of justice did not favour granting leave: the order was an interim, highly discretionary 'rough justice' decision based on incomplete and contested disclosure, the proposed grounds were fact-specific and not sufficiently exceptional to justify appellate interference, and granting leave would unduly hinder progress of the underlying action.

Source excerpt

• Imputation of income
• Leave to appeal interim family orders
• Primary caregiver determination
• Interim child and spousal support
• Closely held corporation income

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H.H.L. v. A.C.S.

Court

Supreme Court of British Columbia

On the limited interim record and taking a cautious approach, the court imputed income of $80,000 to the claimant and $20,000 to the respondent because of inadequate disclosure, questionable corporate expense deductions and respondent's current unemployment; a straight set‑off child support calculation produced a net payment of $633/month by the claimant; respondent established a prima facie entitlement to interim compensatory/needs spousal support given loss of her share and income disparity, and interim spousal support was set at the Spousal Support Advisory Guidelines mid range of $836/mon…

Source excerpt

• Guidelines income
• Section 7 expenses
• Imputation of income
• Spousal support entitlement
• Occupancy rent
• Interim orders

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Xu v. Yao

Court

Supreme Court of British Columbia

The court refused to make the interim awards retroactive to December 2023 and held the orders from the prior judgment are effective as of March 10, 2025, because the potential size of a retroactive lump sum, unresolved factual and income-imputation issues, the proximity of the scheduled trial (September 2026), and the state of the evidence weigh in favor of deferring retroactivity to the trial judge.

Source excerpt

• Retroactive support
• Income imputation
• Private school fees
• Commencement date of payments
• Prejudice and enforcement risks

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Shilo v. Vaisman

Court

Supreme Court of British Columbia

On an interim basis, given deficient disclosure and unexplained spending of $250,721.88, the court applied the expense gross‑up method rather than a forensic corporate analysis or reliance on a single year holding company revenue; the respondent's guideline income was imputed to $429,856 per annum, the claimant's guideline income was fixed at $45,000 per annum, and interim spousal support of $4,530/month and child support of $5,085/month were ordered commencing March 1, 2026.

Source excerpt

• Income imputation
• Guideline income
• Corporate income method
• Expense gross-up method
• Shared parenting
• Spousal support advisory guidelines

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McGrail v. McGrail

Court

Supreme Court of British Columbia

The claimant failed to prove necessity and the minimum quantum required for an interim distribution under s.89 and effectively sought funds to fund litigation without adequate evidentiary support; the respondent established sufficient need but not for the full amount sought and an interim distribution of $30,000 from the net proceeds was an appropriate, proportionate exercise of the court's discretion under s.89 to partially level the playing field while avoiding harm to the claimant's interest.

Source excerpt

• Interim distribution under s.89 fla
• Excluded property claim
• Line of credit
• Legal costs
• Balancing the litigation playing field

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Zhai v. Wong

Court

Supreme Court of British Columbia

Application dismissed because applicant failed to demonstrate on the affidavits that the interim relocation was made in good faith and provided sufficient, concrete arrangements; the imminent trial, lack of detail about required in-person events, risk of disrupting the child's schooling, unanswered affordability and tuition issues, and an existing Provincial Court non-removal order made the matter inappropriate for interim relief and better resolved at trial.

Source excerpt

• Relocation
• Best interests of the child
• Good faith test
• Non-removal order
• Schooling disruption

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B.M. v. T.G.

Court

Supreme Court of Nova Scotia

On this interim record the children’s best interests require maintaining the pre-reconciliation status quo of residence and schooling in Pictou County pending fuller evidence at trial; the mother’s relocation to Truro is not permitted on an interim basis because no compelling reason or strong probability of success at trial was established, both parents demonstrated credibility concerns and high conflict, and an in-depth parental capacity assessment is necessary to inform final parenting and decision-making orders.

Source excerpt

• Best interests of the child
• Interim parenting plan
• Relocation/mobility
• Family violence
• Status quo
• Credibility findings

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A.B. v. C.D.

Court

Supreme Court of British Columbia

The court dismissed an interim sale of the former family home, increased the claimant’s interim distribution to $700,000, and ordered limited financial disclosure.

• Interim distribution
• Sale of family home
• Non-disposition orders
• Financial disclosure
• Marriage agreement validity
• Enforcement of consent order

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Akerberg v. Cheng

Court

Supreme Court of British Columbia

The court severed the spouse-status issue, dismissed an interim-funding request, granted a s. 91 restraint, limited document production, and allowed only a narrow amendment.

• Spousal status under family law act s.3
• Interim distribution under s.89
• Restraint of disposition under s.91
• Bifurcation/severance of issues
• Enforceability of cohabitation agreement (duress/unfairness)
• Amendment of pleadings for tort claims

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K.A.M. v. A.F.V.

Court

Supreme Court of British Columbia

The court ordered interim child and spousal support, imputed income to both parties, and found the respondent had not shown undue hardship.

• Interim orders
• Imputing income
• Undue hardship
• Shared parenting
• Guidelines application
• Interim-support

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